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Frequently Asked Questions for Shareholders in a GmbH: Liability, Insolvency, Losses, and More

This article lists the 20 most frequently asked questions from shareholders in a corporation (mainly GmbH and UG), which over the years of my consulting work as a lawyer and specialist lawyer for commercial and corporate law have repeatedly represented the core of my clients’ concerns.

Since the answer to these questions can be complex and cannot be illustrated in 2-3 sentences, I have written separate advice articles, or at least sub-chapters, for almost all questions. In these you will find at least a first orientation.

20 of the most frequently asked questions from shareholders in a GmbH are (assessed from our own consulting practice):

When is a shareholder liable with his private assets? Is the shareholder liable in the event of insolvency? Who bears the losses of a GmbH? Can third-party claims be made directly against a shareholder? Who owns the assets of a GmbH? Can a shareholder receive a salary from a GmbH? Can a Shareholders can be terminated? Can a shareholder give notice himself? How long is a shareholder liable after leaving a GmbH? Is a shareholder of a GmbH self-employed or a tradesman? What rights does a GmbH shareholder have? What obligations does the shareholder of a GmbH have? What happens to Termination and resignation of the shareholder from the GmbH? Can a shareholder in a GmbH be liable to prosecution? What rights does a shareholder have over a managing director? Who pays the compensation of a departing shareholder? Does a shareholder have to take action if the GmbH no longer has a managing director? What are the minimum company shares that a shareholder should hold? Can a shareholder dismiss and/or terminate a managing director? Can a shareholder issue instructions to a managing director?

If you also have questions about your share in a GmbH, I am always at your disposal for advice.

This article does not constitute concrete and individual legal advice, but only provides a rough initial overview of the very complex legal matter described. You can only obtain legal certainty for your specific case constellation through coordinated examination and advice from a competent lawyer.

I am happy to be at your disposal as a lawyer and specialist lawyer for a legal assessment and assessment of your case and represent your interests assertively and resolutely. of the company and the (co-)shareholders. Feel free to contact me by phone or write to me.

I advise nationwide on site or via zoom as a specialist lawyer in the areas of corporate law, tax law and insolvency law, especially in the cities and metropolitan areas around Stuttgart, Heilbronn, Karlsruhe, Freiburg, Ulm, Augsburg, Munich, Frankfurt, Wiesbaden, Saarbrücken, Kaiserslautern, Bonn, Wuppertal, Duisburg, Nuremberg, Munster, Saarbrücken, Düsseldorf, Cologne, Dortmund, Hanover, Kassel, Leipzig, Dresden, Bremen, Hamburg and Berlin.

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